Chester Heights City Zoning Code
ARTICLE XII
B Business Districts
§ 185-71 Purpose.
B Business Districts are intended:
A.
To provide sufficient space in appropriate locations for the types of shopping, professional and service establishments anticipated to be needed in the Borough.
B.
To protect commercial development against intrusive uses which are incompatible with it and against objectionable influences such as noise or glare and from hazards of fire.
C.
To provide appropriate space for the requirements of commerce including the provision of off-street parking spaces, safe circulation of pedestrian and motor traffic in the zone and in nearby areas.
D.
To promote the most desirable use of land and pattern of building development in accord with a well-considered plan for the district as a whole and to protect the character of the area and nearby districts.
§ 185-72 Use regulations.
[Amended 10-6-2014 by Ord. No. 198; 4-25-2022 by Ord. No. 212; 4-21-2025 by Ord. No. 221]
A detached building may be erected or used and a lot may be used or occupied for any one of the following purposes:
A.
Uses permitted in R 3/4 District.
B.
Retail store with a gross floor area not in excess of 10,000 square feet.
C.
Restaurant.
D.
Personal service shop.
E.
Office or studio.
F.
Bank or similar financial institution.
G.
Accessory use on the same lot with and customarily incidental to any of the above permitted uses which may include:
(1)
Storage within a completely enclosed building in conjunction with a permitted use;
(2)
Living accommodations or sleeping quarters for the proprietor of a store or business establishment, or for a watchman or similar employee, provided that no such dwelling accommodations shall be located on the first floor;
H.
The following uses when authorized as a special exception by the Zoning Hearing Board, subject to the general standards provided in Article XV, and provided that special consideration shall be given to the suitability of the use in the proposed location;
(1)
Gasoline station, automotive repair and or sales.
(2)
Hotel, motel, or inn on a lot not less than two acres in size.
(4)
Entertainment and commercial indoor recreation establishments.
(6)
Medical marijuana dispensary facility.
(a)
The use of a building for the dispensing of medical marijuana shall be permitted only upon grant of a special exception to an applicant possessing a valid permit issued by the Commonwealth of Pennsylvania, in accordance with the criteria and process set forth in the Borough's Zoning Code, for properties located in the Business (B) Zoning District, where the property fronts the arterial highway of Route U.S. 1.
(b)
Signage for all medical marijuana dispensary facilities shall be limited to the name of the business only, shall follow the Borough's sign regulations and shall contain no advertising of any companies' brands, products, goods, or services or any drug-related symbols.
(c)
The medical marijuana dispensary facility shall only be in a secure facility with every entrance and exit thereto dedicated solely to the dispensary facility. There shall be no passageways connecting the dispensary to any other facility. All common walls of the dispensary shall be fire walls subject to approval by the Borough's Building Code Official to assure the facility is secure. The building in which any medical marijuana dispensing facility is located, as well as the operations as conducted therein, shall fully comply with all applicable rules, regulations and laws, including, but not limited to, zoning and building codes, the Borough's business license ordinances, the Revenue and Taxation Code, the Americans with Disabilities Act[1] and the MMA.[2]
(d)
A medical marijuana dispensary facility shall not be located within 250 feet of any residential zoning or residential use boundary or within 1,000 feet of any public, private or parochial schools or day-care centers. The distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the dispensary is located to the closet property line of the protected district or use, regardless of the municipality in which it is located.
(e)
The operators of all medical marijuana dispensary facilities shall provide the Borough's Secretary or designee with the name, phone number, facsimile number and email address of an on-site representative to whom the Borough and the public can provide notice if there are any operational problems associated with the medical marijuana dispensary facility. All marijuana dispensary facility shall make every good faith effort to encourage residents and the public to call this representative to resolve any operational problems before any calls or complaints are made to the Borough or local law enforcement. There shall be "No loitering" signs posted in the parking lots at all medical marijuana dispensary facilities.
(f)
Security cameras shall be installed and maintained in good working condition and used in an ongoing manner with at least 120 concurrent hours of digitally recorded documentation as a condition of the grant of the special exception. The camera shall be in use 24 hours a day, seven days a week. The areas to be covered by the security cameras shall include, but are not limited to, the storage areas, all doors and windows, waste facilities, and any other areas as required by the conditions imposed as part of the grant of the special exception. Any and all recordings shall be kept for a period of at least two years.
(g)
The Borough's Building Code Official and law enforcement personnel shall have the right to enter the indoor medical dispensary facility with due cause for making reasonable inspections, to observe, and to enforce compliance with this subsection, all laws of the Borough, and all state laws.
(h)
The application for a special exception shall include, at a minimum, the following information:
[1]
An estimate of the size of the proposed indoor medical marijuana dispensary facility.
[2]
The address of the location for which the special exception is sought.
[3]
A site plan and floor plan for the proposed premises denoting the use of all areas of the premises, including storage, lighting, signage, access, parking, etc.
[4]
A proposed security plan in compliance with the MMA and a detailed traffic study.
[5]
The name and address of the owner and lessor of the real property upon which the indoor dispensary facility activities are proposed to be conducted. In the event the applicant is not the legal owner of the property, the application must also have a notarized acknowledgement from the owner of the real property that an indoor dispensary facility will be operated on the property.
[6]
Evidence that the indoor dispensary facility will be in full compliance with the requirements of the MMA.
[7]
The location of any other existing or proposed dispensaries within 3,000 feet of the site.
(i)
Enforcement.
[1]
Any party who engages in a violation of this subsection, or who owns, possesses, controls, or has charge of any parcel of real property in the Borough upon which a violation of this subsection is maintained, shall be subject to the penalties and remedies provided by this subsection.
[2]
Any violation of this subsection shall constitute a separate offense for each day the violation occurs or persists.
[3]
Any person in violation of any provision of this subsection shall be punishable by a fine of up to $1,000 per offense.
(7)
Outdoor dining area as an accessory use to a permitted restaurant building.
(a)
"Outdoor dining area" shall mean a patio or deck, whether covered or uncovered, a yard, walkway or parking lot, or a portion of any such space, that is located on or adjacent to a restaurant's premises, which space is owned, leased or otherwise is in the lawful control of the owner or operator of the restaurant's premises to be used as an extension of the restaurant's premises for purposes of conducting sales of food and beverages, including alcoholic beverages if so licensed by the Pennsylvania Liquor Control Board.
(c)
Access to the outdoor dining area shall be controlled through the interior of the restaurant.
(d)
The smoking of tobacco and/or electronic vaping devices shall be prohibited in outdoor dining areas.
(e)
Amplified music shall be prohibited in outdoor dining areas.
(f)
For restaurant uses possessing a liquor license, outdoor dining must cease when the restaurant's kitchen stops serving food.
(g)
Outdoor dining areas shall be screened when outdoor dining areas abut a residential property.
(h)
Outdoor dining area capacity shall not increase overall facility capacity by greater than 50% over existing capacity.
I.
Life care development on properties with at least 450 feet of frontage on Baltimore Pike when authorized as a conditional use by Borough Council.
§ 185-73 Area, height and special regulations.
[Amended 10-6-2014 by Ord. No. 198; 4-21-2025 by Ord. No. 221]
A.
Lot area and lot width. Every lot shall have a lot area of not less than 10,000 square feet and such lot shall be not less than 50 feet in width at the building line.
B.
Building area. Not more than 50% of the area of each lot may be occupied by buildings.
C.
Front yard. There shall be a setback on each street on which a lot abuts which shall be not less than 35 feet in depth.
D.
Side yard. Side yards shall be provided on every lot as follows:
E.
Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet or 20% of the lot depth, whichever is greater.
F.
Height. Buildings used for a life care development shall not exceed four stories or 45 feet in height. No other buildings shall exceed three stories or 35 feet in height.
G.
Special regulations.
(1)
Every use other than parking facilities shall be completely enclosed within a building.
(2)
Along each side or rear yard property line which directly abuts a residence district in the municipality or a similar district in an adjoining municipality, a buffer planting strip as defined in § 185-4 not less than 15 feet in width shall be provided.
(3)
With the exception of living plants, no storage or display of merchandise, articles, equipment or vending machines shall be permitted outside of a building unless by special exception, in which case no goods, articles or equipment shall be stored, displayed or offered for sale beyond the front lines of a building. In the case of a gasoline station, there shall be at least a twenty-foot setback from the front property line for placement of pumps and service islands.
§ 185-74 Regulations for unified commercial development.
Whenever it shall be proposed that a single structure shall house or contain more than a single commercial use or entity or that there shall be constructed on a lot held in single and separate ownership, more than one structure to house or contain commercial uses, the following regulations shall apply:
A.
Use regulation. A building or a unified group of buildings may be erected or used and a lot may be used or occupied for any of the following purposes as part of an integrated retail business development:
(1)
Retail store.
(2)
Restaurant.
(3)
Offices or studio.
(4)
Personal service shop.
(5)
Bank or similar financial institution.
(6)
The following additional uses when specifically authorized in accordance with the provisions of this article in conjunction with the total development of a unified commercial district not less than five acres in size for any use or combination of uses permitted in the district:
(a)
Office building.
(b)
Hotel, hotel or inn.
(c)
Indoor place of amusement or recreation.
(d)
Community or civic center building or use including library.
(e)
Scientific research, testing or experimental laboratory.
(f)
Hospital, medical or health center.
(g)
Business or professional school.
(h)
Automobile accessories store (not including service station).
(7)
Accessory use on the same lot with and customarily incidental to any of the above permitted uses which may include:
B.
Area and height regulations.
(1)
Lot area. The area of the lot or tract which is to be developed shall be not less than three acres except as is provided in § 185-74A(6) above and shall be a minimum of 300 feet in width at the street line.
(2)
Building area. Not more than 40% of the total area or tract may be occupied by buildings nor more than 75% by buildings and all other impervious cover combined.
(3)
Building placement. No building shall be located less than 50 feet from the street right-of-way or the other property line. Loading and service areas shall be located at the rear of the building.
[Amended 3-6-2000 by Ord. No. 155]
(4)
Building height. Three stories not to exceed 35 feet.
C.
Off-street parking and loading requirements. There shall be provided off-street parking and loading spaces as required by Article XVII. In addition to the requirements of Article XVII, in a unified commercial development, there shall be a green area of at least 20 feet between any parking and loading area and all street or highway right-of-way lines and property lines. The green area shall be bermed to an elevation of two feet above the parking surface for a minimum of 75% of its length. The green area shall be planted to minimize the glare of headlights of vehicles within the parking lot.
[Amended 3-6-2000 by Ord. No. 155]
D.
Lighting. The parking and loading areas of any development authorized as a unified commercial district shall be provided with 0.75 lumens of light at any point from lighting standards not to exceed 15 feet in height and not located farther apart than 100 feet. All lighting shall be completely shielded from traffic on any public right-of-way and from any residential district and shall not cause sky glow.
E.
Design standards.
(1)
Screening. A completely planted visual barrier, or landscape screen, shall be provided between any B-1 District and any contiguous residentially zoned districts. This screen shall be composed of evergreen plants and trees arranged to form both a low-level and a high-level screen. The high-level screen shall consist of evergreen trees planted with specimens no younger than three years in age and planted at intervals of not more than 10 feet. The low-level screen shall consist of evergreen shrubs or hedges planted at an initial height of not less than two feet and spaced at intervals of not more than five feet. The low-level screen shall be placed in alternating rows to produce a more effective barrier.
(2)
Landscaping. Any part or portion of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped with small trees and shrubs in accordance with an overall landscape plan.
(3)
Adequate provision satisfactory to the Borough Engineer shall be made for water runoff control and sewage treatment.
(4)
No more than 30 parking spaces shall be permitted in a continuous row without being interrupted by a landscaped area.
F.
Applications for unified commercial development shall be made to the Borough Council. Such application shall comply with the provisions of Chapter 162, Subdivision and Land Development, of the Code of the Village of Chester Heights as to textual, diagrammatic and map material and shall be granted or denied or granted with modifications in accordance with the following procedures:
(1)
An application for development of a lot or parcel of land for unified commercial development shall be made and approved or approved as modified before any permit for such use shall be issued. The application shall be made to the Borough Council and shall be referred by them to the Planning Commission for its investigation and recommendations to the Borough Council within 30 days of the date of application; failure to report within 30 days shall be deemed to indicate approval of the plan by the Planning Commission; provided, however that action or inaction by the Planning Commission shall be deemed to be advisory only.
(2)
Development plan approval and procedure thereafter. The Borough Council shall hold a public hearing duly advertised in accordance with the provisions of the Municipalities Planning Code[1] before it shall approve any development application prepared and filed under this article. If, after hearing, the Borough Council approves the plan or approves the plan with modifications acceptable to the applicant, such approved plan shall accompany an application for a zoning permit.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.